Tait tm9100 p25 Installation Manual

Also see for TM9100 Series P25: User guide

Tait tm9100 p25 Installation Manual Manual pdf 37 page image

DraftTM8100/TM8200 Installation Guide 37© Tait Limited October 2012and non-exclusive license to use the Softwarein executable code form, and the Documenta-tion, solely in connection with Licensee's useof the Designated Products for the useful life ofthe Designated Products. This Agreement doesnot grant any rights to source code.3.2. If the Software licensed under this Agree-ment contains or is derived from Open SourceSoftware, the terms and conditions governingthe use of such Open Source Software are inthe Open Source Software Licenses of thecopyright owner and not in this Agreement. Ifthere is a conflict between the terms and con-ditions of this Agreement and the terms andconditions of the any applicable Open SourceSoftware Licenses, the terms and conditions ofthe Open Source Software Licenses will takeprecedence. For information about OpenSource Components contained in Tait productsand the related Open Source licenses, see:http://support.taitradio.com/go/opensourceSection 4 LIMITATIONS ON USE4.1. Licensee may use the Software only forLicensee's internal business purposes and onlyin accordance with the Documentation. Anyother use of the Software is strictly prohibited.Without limiting the general nature of theserestrictions, Licensee will not make the Soft-ware available for use by third parties on a "timesharing," "application service provider," "ser-vice bureau" basis, or for any other similarcommercial rental or sharing arrangement.4.2. Licensee will not, and will not directly orindirectly allow or enable any third party to: (i)reverse engineer, disassemble, extract compo-nents, decompile, reprogram, or otherwisereduce the Software or any portion thereof to ahuman perceptible form or otherwise attemptto recreate the source code; (ii) modify, adapt,create derivative works of, or merge the Soft-ware; (iii) copy, reproduce, distribute, lend, orlease the Software or Documentation to anythird party; (iv) grant any sublicense or otherrights in the Software or Documentation to anythird party; (v) take any action that would causethe Software or Documentation to be placed inthe public domain; (vi) remove, or in any wayalter or obscure any copyright notice or othernotice of Tait or third-party licensor’s proprie-tary rights; (vii) provide, copy, transmit, dis-close, divulge or make the Software or Docu-mentation available to, or permit the use of theSoftware by, any third party or on any machineexcept as expressly authorized by this Agree-ment; or (viii) use, or permit the use of, theSoftware in a manner that would result in theproduction of a copy of the Software by anymeans whatsoever other than what is permittedin this Agreement. Licensee may make onecopy of the Software to be used solely for archi-val, back-up, or disaster recovery purposes;provided that Licensee may not operate thatcopy of the Software at the same time as theoriginal Software is being operated. Licenseemay make as many copies of the Documenta-tion as it may reasonably require for the internaluse of the Software.4.3. Unless otherwise authorized by Tait inwriting, Licensee will not, and will not enableor allow any third party to: (i) install a copy ofthe Software on more than one unit of a Des-ignated Product; or (ii) copy or transfer Soft-ware installed on one unit of a DesignatedProduct to any other device. Licensee maytemporarily transfer Software installed on aDesignated Product to another device if theDesignated Product is inoperable or malfunc-tioning. Temporary transfer of the Software toanother device must be discontinued when theoriginal Designated Product is returned tooperation and the Software must be removedfrom the other device.4.4. Licensee will maintain, during the term ofthis Agreement and for a period of two yearsthereafter, accurate records relating to thislicense grant to verify compliance with thisAgreement. Tait, or a third party nominated byTait, may inspect Licensee’s premises, booksand records, upon reasonable prior notice toLicensee, during Licensee’s normal businesshours and subject to Licensee's facility andsecurity regulations. Tait is responsible for thepayment of all expenses and costs of the inspec-tion, provided that Licensee shall indemnifyTait for all costs (including audit costs and legalcosts on a solicitor client basis) if Licensee hasbreached the terms of this Agreement. Anyinformation obtained by Tait during the courseof the inspection will be kept in strict confi-dence by Tait and used solely for the purposeof verifying Licensee's compliance with theterms of this Agreement.Section 5 OWNERSHIP AND TITLETait, its licensors, and its suppliers retain all oftheir Intellectual Property Rights in and to theSoftware and Documentation, in any form. Norights are granted to Licensee under this Agree-ment by implication, estoppel or otherwise,except for those rights which are expresslygranted to Licensee in this Agreement. AllIntellectual Property developed, originated, orprepared by Tait in connection with providingthe Software, Designated Products, Documen-tation, or related services, remains vestedexclusively in Tait, and Licensee will not haveany shared development or other IntellectualProperty Rights.Section 6 LIMITED WARRANTY;DISCLAIMER OF WARRANTY6.1. The commencement date and the term ofthe Software warranty will be a period of one(1) year from Tait shipment of the Software. IfLicensee is not in breach of any obligationsunder this Agreement, Tait warrants that theunmodified Software, when used properly andin accordance with the Documentation andthis Agreement, will be free from a reproduc-ible defect that eliminates the functionality orsuccessful operation of a feature critical to theprimary functionality or successful operation ofthe Software. Whether a defect has occurredwill be determined solely by Tait. Tait does notwarrant that Licensee’s use of the Software or

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